87R17073 MEW-D
By: Dutton H.B. No. 353
Substitute the following for H.B. No. 353:
By: Dutton C.S.H.B. No. 353
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of certain student differentials
based on racial and ethnic groups and sex under the public school
accountability system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.053, Education Code, is amended by
amending Subsections (c) and (e) and adding Subsections (c-5) and
(i-1) to read as follows:
(c) School districts and campuses must be evaluated based on
three domains of indicators of achievement adopted under this
section that include:
(1) in the student achievement domain, indicators of
student achievement that must include:
(A) for evaluating the performance of districts
and campuses generally:
(i) an indicator that accounts for the
results of assessment instruments required under Sections
39.023(a), (c), and (l), as applicable for the district and campus,
including the results of assessment instruments required for
graduation retaken by a student, aggregated across grade levels by
subject area, including:
(a) for the performance standard
determined by the commissioner under Section 39.0241(a), the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(b) for the college readiness
performance standard as determined under Section 39.0241, the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(ii) an indicator that accounts for the
results of assessment instruments required under Section
39.023(b), as applicable for the district and campus, including the
percentage of students who performed satisfactorily on the
assessment instruments, as determined by the performance standard
adopted by the agency, aggregated across grade levels by subject
area; and
(B) for evaluating the performance of high school
campuses and districts that include high school campuses,
indicators that account for:
(i) students who satisfy the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
Texas Higher Education Coordinating Board under Section 51.334 on
an assessment instrument in reading or mathematics designated by
the coordinating board under that section;
(ii) students who satisfy relevant
performance standards on advanced placement tests or similar
assessments;
(iii) students who earn dual course credits
in the dual credit courses;
(iv) students who enlist in the armed
forces of the United States;
(v) students who earn industry
certifications;
(vi) students admitted into postsecondary
industry certification programs that require as a prerequisite for
entrance successful performance at the secondary level;
(vii) students whose successful completion
of a course or courses under Section 28.014 indicates the student's
preparation to enroll and succeed, without remediation, in an
entry-level general education course for a baccalaureate degree or
associate degree;
(viii) students who successfully met
standards on a composite of indicators that through research
indicates the student's preparation to enroll and succeed, without
remediation, in an entry-level general education course for a
baccalaureate degree or associate degree;
(ix) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
subject to the exclusions provided by Subsections (g), (g-1),
(g-2), [and] (g-3), and (g-4);
(x) students who successfully completed an
OnRamps dual enrollment course;
(xi) students who successfully completed a
practicum or internship approved by the State Board of Education;
and
(xii) students who are awarded an associate
degree;
(2) in the school progress domain, indicators for
effectiveness in promoting student learning, which must include:
(A) for assessment instruments, including
assessment instruments under Subdivisions (1)(A)(i) and (ii), the
percentage of students who met the standard for improvement, as
determined by the commissioner; and
(B) for evaluating relative performance, the
performance of districts and campuses compared to similar districts
or campuses; and
(3) in the closing the gaps domain, the use of
disaggregated data to demonstrate the differentials among
students:
(A) from different:
(i) racial and ethnic groups, including
students who are African American, Hispanic, white, American
Indian, Asian, Pacific Islander, and two or more races:
(a) considered as a whole; and
(b) disaggregated by sex; and
(ii) socioeconomic backgrounds;[,] and
(B) based on other relevant factors not described
by Paragraph (A), including:
(i) [(A)] students formerly receiving
special education services;
(ii) [(B)] students continuously enrolled;
and
(iii) [(C)] students who are mobile.
(c-5) Notwithstanding Subsection (c)(3)(A)(i), if there is
a conflict between that subsection and a federal law or regulation
and the commissioner is unable to obtain the necessary waiver from
the conflicting federal law or regulation, information reported
under that subsection may only be used by the agency for purposes of
a performance-based monitoring analysis system or results-driven
accountability system adopted or implemented by the agency.
(e) For purposes of Subsection (c)(3)(B)(i) [(c)(3)(A)], a
student formerly receiving special education services means a
student whose enrollment information:
(1) for the preceding school year, as reported through
the Public Education Information Management System (PEIMS),
indicates the student was enrolled at the campus and was
participating in a special education program; and
(2) for the current school year, as reported through
the Public Education Information Management System (PEIMS) and as
reported on assessment instruments administered to the student
under Section 39.023, indicates the student is enrolled at the
campus and is not participating in a special education program.
(i-1) Notwithstanding Subsection (c)(3)(A)(i)(b),
information reported under that sub-subparagraph may not be used by
the agency for accountability purposes before the accountability
ratings assigned for the 2024-2025 school year. This subsection
expires September 1, 2025.
SECTION 2. (a) This Act takes effect on any date not later
than September 1, 2023, on which the commissioner of education:
(1) obtains any necessary waiver from the application
of federal law or regulation conflicting with Section 39.053,
Education Code, as amended by this Act; or
(2) receives written notification from the United
States Department of Education that a waiver is not required.
(b) This Act applies beginning with the first school year
that begins after the date on which this Act takes effect under
Subsection (a) of this section.
(c) If the commissioner of education obtains any necessary
waiver or receives written notification as described by Subsection
(a) of this section, the commissioner shall certify that the
commissioner has obtained the waiver or received notification that
a waiver is not required, as applicable, and shall publish notice of
that fact in the Texas Register as soon as practicable after
obtaining the waiver or receiving notification.